International Journal of Law and Management

A response to the challenges posed by the binary divide between employee and self-employed

Chrispas Nyombi

(Faculty of Law, University College London, London, UK)

Abstract :

The purpose of this paper is to examine the nature of the legal relationship tying workers to employers. It explores how the individual who is categorised as an employee is distinguished from a self-employed or independent contractor or a worker. The common law tests for classifying employment status are analysed against a backdrop of emerging research literature. Recommendations for reform are provided, drawing from the work of prominent scholars such as Mark Freedland and Simon Deakin.